DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery
(AG2020/1631)

SUEZ KALGOORLIE AGREEMENT 2020

Waste management industry
COMMISSIONER WILLIAMS	PERTH, 10 JULY 2020

Application for approval of the SUEZ Kalgoorlie Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Kalgoorlie Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2020. The nominal expiry date of the Agreement is 30 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Suez Recycling & Recovery Pty Ltd T/A Suez Recycling & Recovery applied for approval of the Suez Kalgoorlie Agreement 2020, a proposed enterprise agreement. The application was contested by the Australian Manufacturing Workers' Union and the Electrical Trades Union. The central dispute revolved around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The court was tasked with determining whether the proposed agreement complied with the procedural and substantive requirements set out in the legislation. Specifically, the court needed to ascertain whether the agreement had been made in good faith, whether it was free from any form of coercion, and whether it was appropriately certified by the Australian Industrial Relations Commission. Additionally, the court examined if the agreement adequately covered all necessary terms and conditions of employment, including pay and conditions, and if it provided for a fair and efficient process for resolving workplace disputes.

The court found that the application for approval of the Suez Kalgoorlie Agreement 2020 was valid. The court was satisfied that the agreement was made in good faith, free from coercion, and certified correctly by the relevant authority. Furthermore, the court determined that the agreement comprehensively addressed all required terms and conditions of employment and provided a fair mechanism for resolving workplace disputes. Consequently, the court approved the agreement under the Fair Work Act 2009.

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established